Bill C-12 policies and procedures: Judicial reviews challenging Bill C-12 eligibility decisions

Coverage available to preserve client rights pending test case litigation 

Coverage is available under LAO’s existing policy on Eligibility for appellate matters for judicial review applications challenging an officer’s decision that a refugee claim is ineligible for referral to the Refugee Protection Division.

For cases that challenge a Bill C-12 eligibility decision and rely on the same grounds as the test cases currently before the Federal Court, LAO will authorize four hours of coverage for:

• Preparation and filing of an Application for Leave and for Judicial Review (ALJR) in Federal Court with counsel named as counsel of record;
• Any steps required to have the matter held in abeyance (or otherwise managed by the court) pending the outcome of the ongoing test case litigation; and
• Completion of a streamlined merit assessment form that does not require a detailed legal opinion. See instructions below under “Identifying Bill C-12 cases: Streamlined Merit Assessment”.

In recognition of the coordinated nature of the current test case litigation, completion of the standard judicial review merit assessment form is not required, unless requested from LAO.

Identifying Bill C-12 cases: Streamlined merit assessment 

Lawyers must complete and submit a special Streamlined Merit Assessment form and attach the filed ALJR within 60 days of acknowledging the certificate. This process should take no more than 10 minutes to complete.

To upload the judicial review merit assessment: Bill C-12 eligibility case form and a copy of the filed ALJR, follow these steps:

• Step 1: In Legal Aid Online, go to the Certificate Amendment / Authorization page for the certificate.
• Step 2: On the Document Attachments page, click Add Attachment and upload a copy of the completed Streamlined Merit Assessment form.
• Step 3: In the Description field, enter “Bill C-12 JR”
• Step 4: In the Document Code field, enter “101” or click on the magnifying glass and select “JR merit assessment materials”
• Step 5: Repeat Steps 2 to 4 for the copy of the filed ALJR.
• Step 6: Once both files are visible under the Attached File field – and both files have document code set to “JR merit assessment materials” – you can select the “Submit” button.

Once received, your certificate will be amended to include wording that identifies it as a Bill C-12 judicial review matter and confirms coverage for steps required to hold the matter in abeyance. The certificate will remain at the initial four-hour authorization.

Additional coverage beyond the initial four hours

Most files will not require work beyond the initial four-hour authorization while the test cases are ongoing. Most certificates will therefore not be amended to include additional coverage, such as coverage to perfect the leave application.

However, some cases may require additional coverage, including:

• cases that do not rely on the constitutional and other legal arguments being made in the lead test cases (e.g. where there is a dispute as to whether the new eligibility bar was applied reasonably);
• files that were part of the initial group of 39 case-managed test cases; or
• cases where a client faces removal following a negative PRRA decision and requires additional litigation steps, including possible stay motion coverage.

If work beyond the initial four-hour authorization becomes necessary, before undertaking any additional work, lawyers must first contact LAO at immigrationandrefugee@lao.on.ca and provide a brief explanation of why additional hours are required. You will receive further instructions.

Do not submit the standard judicial review merit assessment form unless you have been directed to do so by the Immigration and Refugee department. 

Additional resources 
Additional resources are available at LAO LAW’s dedicated Bill C-12 judicial review resources page.